STRUCTURES OF VIOLENCE

176 | Structures of Violence
before the High Court of Jammu and Kashmir [HC
no.181/1992, a habaes corpus petition].
Notices were issued but the parties, including the
Union of India could not show the authority under
which the victim had been arrested. Therefore, the
High Court, disposed off the petition on 1 September
1992 by holding the arrest of the victim as illegal. On
the continued connement of the victim, the family
led a contempt petition [no.15/1992]. The BSF
denied having arrested the victim. The High Court, on
8 October 1993 ordered an enquiry. This enquiry was
concluded by the District Judge, Bank cases
Commissioner, Srinagar, on 28 July 1994.
The witnesses on behalf of the petitioner conrmed
that the victim had been abducted by BSF personnel.
Further, the mother of Sajad Ahmad Bazaz stated that
she saw that the BSF personnel were accompanied
by “Azad Ganai Alias Asgar”. The father of Sajad
Ahmad Bazaz identied the BSF personnel
responsible for the abduction as “Vinod Kumar”. The
enquiry report found that there was “voluminous, unimpeachable,
impartial and sufcient evidence on
record to show that Sajad Ahmad has been arrested
th
by 30 BN BSF on 12 February 1992.” The enquiry
report notes in particular the written statement of 26
April 1994 by Mahmood-ur-Rehman, Additional Chief
Secretary, Home Department which was submitted
during the enquiry. This statement admits the arrest of
th
the victim by the personnel of the 30 Battalion BSF.
Further, that a chargesheet had been completed
against Deputy Commandant D.S. Rathore and Azad
Ahmad Mir and sanction for prosecution was
submitted to the Government on 25 September 1993
[but, also on record is a letter dated 4 January 1994
from the Government of Jammu and Kashmir seeking
sanction for prosecution from the Ministry of Home
Affairs].
The Jammu and Kashmir Police submitted a progress
report before the High Court on 2 July 1996 wherein it
was stated that Deputy Commandant D.S.Rathore
had been interrogated. Further, that Head Constable
Kartar Chand Raina and Head Constable Shoni Lal
had accompanied the Deputy Commandant when
arresting the victim.
It appears that the contempt petition was dismissed in
July 2004 as being infructuous as a chargesheet had
been led against Azad Ahmad Mir. But, on 21 May
2002, the Ministry of Home Affairs declined sanction
for prosecution purely on the basis that a parallel
court-martial process by the BSF had acquitted
Deputy Commandant D.S. Rathore.
On 20 November 1999, the family of the victim were
awarded Rs.2,00,000 as compensation based on a
suit led before the District Judge, Srinagar against
the Union of India. The family of the victim appealed
this order before the High Court as they had sought
compensation of Rs. 40,00,000.
It is noteworthy that the Government of Jammu and
Kashmir took 11 years to investigate and process the
case for acquiring sanction for prosecution under
AFSPA, which apparently helped the perpetrators in
evading justice.
Even after the conrmation of the arrest and detention
of Sajad Ahmad Bazaz by the judicial enquiry, and
despite the passage of twenty years, no ofcial
information exists on the alleged perpetrators being
brought to justice. Further, it needs to be ascertained
why all the alleged perpetrators were not proceeded
against before a court, as it appears proceedings
were only considered against Deputy Commandant
D.S. Rathore and Azad Ahmad Mir.
Finally, the manner in which the BSF used the courtmartial
proceedings to subvert any hope of justice in
this case is consistent with the all pervasive
impunity in Jammu and Kashmir.
Case No. 18
Victim Details
Ghulam Nabi Bhat [Enforced Disappearance]
Age: 20
Occupation: Tailor
Son of: Ghulam Ahmad Bhat
Resident of: Islamia Colony, Kani Dewar, Hawal,
Srinagar
Alleged Perpetrators
Case No. 18
Victim Details
Ghulam Nabi Bhat [Enforced Disappearance]
Age: 20
Occupation: Tailor
Son of: Ghulam Ahmad Bhat
Resident of: Islamia Colony, Kani Dewar, Hawal,
Srinagar
Alleged Perpetrators
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1. Constable Labhour Singh, 107 Battalion,
Border Security Force [BSF], Camp Hawal
26 th
2. Guard Commander N.K. Raina , 107
Battalion, Border Security Force [BSF],
Camp Hawal
Case Information
On 8 June 1992, Ghulam Nabi Bhat was picked up by
a BSF party at about 10:30 am. Mohammad Sharief
Malik, a shopkeeper, was a witness to this abduction.
26 Both the alleged perpetrators were reported killed subsequently in militancy related activity